Conservative originalist jurists should explicitly ground constitutional interpretation in the classical legal (natural‑law) tradition rather than a narrow textualist or technocratic reading. Doing so would reintroduce substantive moral commitments into legal reasoning and reshape conservative litigation and appointment strategies.
— If influential, this shift could change how judges, lawyers, and political actors argue about rights, duties, and public virtue — affecting Supreme Court doctrine and conservative legal strategy.
Steven D. Smith
2026.03.10
100% relevant
Article asserts directly (title/subtitle) that 'Originalists Need the Classical Legal Tradition' and urges originalist thinkers and institutions to adopt those sources.
← Back to All Ideas